Deere & Co. v. Allstate Insurance Co.
Annotate this CaseNumerous claims were filed in various jurisdictions against Deere for personal injuries arising from alleged exposure to asbestos-containing brakes, clutch assemblies, and gaskets used in Deere machines. Deere sought declaratory relief, alleging breach of contract with respect to more than 100 umbrella and excess general liability policies issued to Deere from 1958-1986. In the third phase of litigation, the trial court ruled in favor of the insurers. The court of appeal reversed, in favor of Deere. Once the first-layer excess policy’s annual aggregate limit for products liability has been exhausted, the higher-layer excess insurers’ policies are not subject to a self-insured retention per occurrence for subsequent claims. The insurers’ indemnity obligation extended to Deere’s defense costs incurred in asbestos claims that had been dismissed.
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